A-20783, DECEMBER 9, 1927, 7 COMP. GEN. 369

A-20783: Dec 9, 1927

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU ARE AUTHORIZED TO MAKE PAYMENT ON AN APPROVED VOUCHER STATED IN FAVOR OF JOSEPH W. FOR $152 AS REIMBURSEMENT OF THE VALUE OF HIS PRIVATE PROPERTY WHICH WAS DAMAGED ON SEPTEMBER 29. LIEUTENANT BENSON WAS TRANSFERRED FROM SCOTT FIELD. THE QUARTERMASTER APPEARS TO HAVE BEEN ENGAGED IN PACKING AND CRATING THE HOUSEHOLD GOODS WHEN A HEAVY WIND CAUSED THE BUILDING USED AS A CARPENTER SHOP TO COLLAPSE. IS LOST. WHERE THE PROPERTY WAS OR SHALL BE TRANSPORTED BY A COMMON CARRIER. ALL THAT WAS REQUIRED OF LIEUTENANT BENSON IN CONNECTION WITH THE TRANSPORTATION OF HIS PRIVATE PROPERTY HAD BEEN EFFECTED BY HIS DELIVERY OF THE PROPERTY TO THE QUARTERMASTER FOR PACKING. THE PROPERTY HAD NOT BEEN DELIVERED TO THE QUARTERMASTER FOR PURPOSES OF STORAGE AND IT MAY BE CONSIDERED THAT SUCH POSSESSION AS THE QUARTERMASTER HAD OF THE PROPERTY WAS INCIDENT TO ITS TRANSPORTATION.

A-20783, DECEMBER 9, 1927, 7 COMP. GEN. 369

PROPERTY, PRIVATE - DAMAGED IN THE MILITARY SERVICE REIMBURSEMENT MAY BE MADE AN OFFICER OF THE ARMY UNDER THE PROVISIONS OF THE ACT OF MARCH 4, 1921, 41 STAT. 1436, FOR THE VALUE OF THE AUTHORIZED CHANGE OF STATION ALLOWANCE OF PRIVATE PROPERTY DAMAGED BY STORM AFTER HAVING BEEN TURNED OVER TO THE QUARTERMASTER FOR PACKING, CRATING, AND SHIPMENT.

ASSISTANT COMPTROLLER GENERAL GINN TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, DECEMBER 9, 1927:

THERE HAS BEEN RECEIVED YOUR REQUEST DATED NOVEMBER 25, 1927, FOR DECISION WHETHER UNDER THE ACT OF MARCH 4, 1921, 41 STAT. 1436, YOU ARE AUTHORIZED TO MAKE PAYMENT ON AN APPROVED VOUCHER STATED IN FAVOR OF JOSEPH W. BENSON, FIRST LIEUTENANT, AIR CORPS, FOR $152 AS REIMBURSEMENT OF THE VALUE OF HIS PRIVATE PROPERTY WHICH WAS DAMAGED ON SEPTEMBER 29, 1927, BY THE COLLAPSE, RESULTING FROM A STORM, OF A BUILDING USED AS A CARPENTER SHOP AT SCOTT FIELD, ILL.

IT APPEARS THAT BY PARAGRAPH 3, WAR DEPARTMENT SPECIAL ORDERS, NO. 185, DATED AUGUST 6, 1927, LIEUTENANT BENSON WAS TRANSFERRED FROM SCOTT FIELD, ILL., TO BROOKS FIELD, TEX., AND THAT HE TURNED OVER TO THE QUARTERMASTER AT SCOTT FIELD HIS AUTHORIZED CHANGE OF STATION ALLOWANCE OF HOUSEHOLD GOODS FOR PACKING, CRATING, AND SHIPMENT TO BROOKS FIELD. THE QUARTERMASTER APPEARS TO HAVE BEEN ENGAGED IN PACKING AND CRATING THE HOUSEHOLD GOODS WHEN A HEAVY WIND CAUSED THE BUILDING USED AS A CARPENTER SHOP TO COLLAPSE, THEREBY INJURING THE HOUSEHOLD GOODS. THE SECRETARY OF WAR HAS APPROVED THE FINDINGS OF THE BOARD OF OFFICERS FIXING THE DAMAGE TO THE PROPERTY AT $152.

THE THIRD CONDITION OF SECTION 1 OF THE ACT OF MARCH 4, 1921, SUPRA, AUTHORIZED REIMBURSEMENT FOR LOSS, DAMAGE, OR DESTRUCTION OF PRIVATE PROPERTY:

WHEN DURING TRAVEL UNDER ORDERS SUCH PRIVATE PROPERTY, INCLUDING THE REGULATING ALLOWANCE OF BAGGAGE, TRANSFERRED BY A COMMON CARRIER, OR OTHERWISE TRANSPORTED BY THE PROPER AGENT OR AGENCY OF THE UNITED STATES GOVERNMENT, IS LOST, DAMAGED, OR DESTROYED; BUT REPLACEMENT, RECOUPMENT, OR COMMUTATION IN THESE CIRCUMSTANCES, WHERE THE PROPERTY WAS OR SHALL BE TRANSPORTED BY A COMMON CARRIER, SHALL BE LIMITED TO THE EXTENT OF SUCH LOSS, DAMAGE, OR DESTRUCTION OVER AND ABOVE THE AMOUNT RECOVERABLE FROM SAID CARRIER.

ALL THAT WAS REQUIRED OF LIEUTENANT BENSON IN CONNECTION WITH THE TRANSPORTATION OF HIS PRIVATE PROPERTY HAD BEEN EFFECTED BY HIS DELIVERY OF THE PROPERTY TO THE QUARTERMASTER FOR PACKING, CRATING, AND SHIPMENT. THE PROPERTY HAD NOT BEEN DELIVERED TO THE QUARTERMASTER FOR PURPOSES OF STORAGE AND IT MAY BE CONSIDERED THAT SUCH POSSESSION AS THE QUARTERMASTER HAD OF THE PROPERTY WAS INCIDENT TO ITS TRANSPORTATION. SEE 3 COMP. GEN. 610.